Harish Chand vs State Of U.P.
2012 Latest Caselaw 1162 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- CRIMINAL APPEAL No. - 291 of 2009
 

 
Petitioner :- Harish Chand and others. 
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- I P Singh,Ajay Kumar Singh,Ashok Mehta
 
Respondent Counsel :- G.A.,R.D. Shahi
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the appellant, learned A.G.A. and perused the record.

Prayer for bail has been made on behalf of appellants, namely Harish Chandra, Suresh Chandra and Vinod Kumar, who have been convicted under sections 148, 302 and 149 I.P.C. to undergo maximum sentence of life imprisonment with a fine of Rs. 7,000/- each by Additional Sessions Judge, Pratapgarh, Court No. 3 in Sessions Trial No. 131/2000, arising out of Case Crime No. 144/99, P.S. Kotwali, District - Pratapgarh.

It is submitted by the learned counsel for the appellants that appellants Harish Chandra and Suresh Chandra and Vinod Kumar, who have been convicted by the trial court for committing the murder of deceased Rajesh. By means of order dated 9-02-2012 the division Bench of this court granted the bail to Ramesh Chandra on the ground that he was only 17 years of age on the date of occurrence. On the exhortation of accused appellant Ram Kishore, other accused-appellants fired on the deceased, who happens to be brother of the informant with intention to kill him, resulting his instantaneous death. According to the post-mortem examination report the deceased sustained pellet injuries. It is broad day light occurrence.

Learned A.G.A. has opposed the prayer for bail.

Considering the role of accused appellants, namely Harish Chandra, Suresh Chandra and Vinod Kumar, we are of the opinion that they are not entitled to be released on bail. The prayer for bail is rejected.

Office is directed to prepare paper book and list the appeal for final hearing.

Order Date :- 1.5.2012

S. Kumar